Category Archives: Halloween

It’s SanibelSusan with another report about island real estate and happenings. Another sunny blue-sky Friday it is with local temperatures again expected to be record setting (low 90’s). The calendar says fall, but it still sure feels like summer.

Upcoming Events

As the roadways continue to fill up, the island events calendar also is in full swing. Below are some happenings scheduled this weekend, but first a photo taken this morning at Sanibel’s Pond Apple Park. Thanks to Yves-Pascal and Susanna for sharing. Look closely, they said they saw about 12 baby gators. They are cute when they are this size!

11th Annual F.I.S.H. 10K Race – tomorrow, Saturday, Oct 26, race starts at 7:30 a.m. & finishes at The Community House. Sign-ups begin at 6:30 a.m. (SanibelSusan again is the volunteer guard for any vehicles entering/exiting Sanibel Square. Other Realtors® & Rotary volunteers will be on safety patrol at other driveway intersections along the route.) During the 10K Road Race, a Kids Race (up to age 10) will take place at the Sanibel Community Park (across the street from our office). The Kids Race is just for fun with all participating children to receive a ribbon and treat from Joey’s Custard.

34th Annual Bailey Fest – Sunday, Oct 27 from noon until 4 p.m. at Bailey’s Center. Free & open to the public, this is the Center’s annual thank you to their patrons. Festivities include parade featuring the king and queen from the Sanibel School (winners of the essay contest, “What Sanibel Means To Me”) & stage performances by the school’s steel drum band & elementary choir performing. Free food, pony rides, water slide, giveaways, games, & more.

Red Tide Update

The red tide reported in last week’s blog was short-lived, thank goodness. When I received two offers Sunday afternoon about the same time that social media was posting reports of bad smells and photos of fish washing up on the beach, I thought we might be in trouble. But, by Monday the worst of it was gone and most beaches were back to normal. Those darn red tide occurrences can be as unpredictable as shelling. Whenever there is a change in the weather or wind direction, it can affect what comes ashore. Some of what came ashore last week was red drift algae which as mentioned in earlier updates, is not the same as red tide. Last week’s red tide event was likely from an upwelling of nutrients from the ocean floor from recent gulf storms that triggered the algae blooms – a natural event that sometimes comes at the most inopportune time.

Florida Fish & Wildlife Conservation Commission website posts the last eight days of their test results on their on-line map. Yesterday, that map showed just three spots of high red tide readings in Florida. Those were in the middle of Pine Island Sound between Captiva/North Captiva and St. James City. Today, Lighthouse Beach was also tagged as an area with high readings. Some medium readings were shown sporadically in a few areas from North Captiva to Marco Island Beach. Most Florida areas showed low to no evidence.

At West Wind Inn

This afternoon, I stopped at West Wind Inn’s Normandie Seaside Café for a quick lunch and to check the beach there. Though the wind was blowing on shore, I did not notice any smell or have any eye or throat irritation. The gulf was a little stirred up from the breeze, but there were swimmers in the water and pelicans diving.

West Wind’s café and bar manager, Kim who faithfully posts the best pictures from the Upper Deck poolside was working inside the restaurant, training up a new employee. Got smiles out of them both. West Wind is a long-time favorite of both locals and visitors. Music most nights at the Upper Deck for sunset and consistent reasonable meals, breakfast, lunch, and dinner. Photo below by Kim at the Upper Deck on Wednesday.

Smiling gals at Normandie Seaside Café. Kim on right, with new employee Marlaina on left.

Lee County Property Fraud Alert Service

It sure is scary to hear about the fraud occurring these days. The below article was posted on-line in August by attorney Kaylee Tuck with Henderson-Franklin.

“Did you know that liens can be filed on your real property without your knowledge or consent, even if they’re not valid? Did you know those liens can affect title to your property? Did you also know someone can create a fraudulent deed that gives your real property to someone else? It’s all very scary and, unfortunately, happens frequently. That’s why the Lee County Clerk of Courts recently launched a new Property Fraud Alert program.

“The Property Fraud Alert program is completely free and allows subscribers to register their name (or any name) into the fraud alert system, and the system will alert registered users within 48 hours if a document has been recorded with the name of a registered user. This system will allow early detection of potentially fraudulent activity, which allows property owners to act fast and avoid issues down the road.

“Why is the system so important? Property owners will never know if an official record has been recorded in their name or on their property if they are not consistently monitoring Lee County’s official records. The Property Fraud Alert system does the work for you. If you are a registered user, the system will email you if a document has been recorded with your name on it. The email will also give you a link to review the recorded document. If the document is fraudulent or a mistake has been made, you have the opportunity to take immediate action to fix the potentially fraudulent activity

Enter the name of the person or business you want to monitor and the email address where you would like to receive the alerts. You can monitor as many names as you wish.

“Tips for subscribing: Use a personal email address that you check regularly. This system can’t help if alerts aren’t received. Register your name as follows:

First and Last

First, Middle, and Last

First, Middle Initial, and Last

“The system will only notify the registered user if the name on the recorded document exactly matches the registered name. Make sure to register multiple variations of your name.

“Register yourself and other family members. There is no limit for how many names you choose to monitor, so keep an eye on yourself and your family.

“If you think you are a victim of a fraudulently recorded document, contact the Lee County Sheriff’s Office fraud line at 239-258-3292 or by email at fraudline@sheriffleefl.org. You may also wish to contact an attorney to determine whether you should take legal action to undo the fraudulent recording.”

Sanibel’s Leaders Working for All of Us

Yesterday, City councilor and friend Holly Smith returned from her trip this week to the Capitol. She was there as part of the Florida League of Cities for an event called FAST (Federal Action Strike Team) Federal Fly-in to Washington DC. Sanibel’s City leaders sure work hard for us. Thank you, Holly!

Below is some info from her Facebook post:

Florida water warriors. East coast & west coast working together. Holly on the right, with Port St Lucie Councilor Jolien Caraballo & Florida Congressman Brian Mast in the center.

“I am part of the FAST Committee for the Florida League of Cities. About 55 Elected Officials from around the State work together in unified and diverse voices – we don’t wear our political affiliations on our sleeves -speaking to our outlined 2020 legislative priorities. This is a non-partisan advocacy trip to meet with various White House Departments, FL Congresswomen, FL Congressmen and our esteemed FL Senators Rubio and Scott to discuss and bring to attention these vital Federally-regulated issues.”

In addition to Holly, other Lee County municipally-elected officials participating included City of Fort Myers Councilwoman Teresa Watkins Brown, Village of Estero Mayor Bill Ribble, and Bonita Springs Councilman Fred Forbes, joined by a group of elected advocates. Here posting continued with:

“Our 2020 priorities (not in particular order) included:

“1. National Flood Insurance Program (NFIP) – We Floridians basically pay 3:1 or 4:1 Nationally. You all see your premiums increase. The Citizens of Florida should not bear the financial weight of National disasters. Our Ask – A long-term reauthorization NFIP package which provides affordability for existing and future policy holders, accurate flood mapping, resiliency incentives.

“2. Cyber Security – We have all seen the number of municipalities and private sector hit by Cyberattacks and held for ransom. This can and has been crippling and/or expensive to those compromised. We support Federal funding for technical assistance, threat assessments, employee training, infrastructure improvements and data protection to help cities be better prepared for the next cyberattack.

“3. ADA Compliance for Municipal Websites – I was the spokesperson to this issue for my group. There is a cottage industry of litigation throughout Florida stemming from unclear accessibility standards for Website ADA Compliance. I can speak from personal experience to this matter. Public and private sector entity websites across the state have seen a steady increase in legal claims. It’s a racket – settle for a specified amount – then no follow up. We need the DOJ to clarify the rules on Website Accessibility Standards. It was initiated – then halted. Let’s get this vague language eliminated and have rules of specificity we can all comply with. Also allow for a period to cure rather than awarding these unscrupulous attorneys to benefit unjustly. Some municipalities have literally had to shut down their public websites as they are unable to afford the cost of litigation

“4. Investing in Infrastructure, Water Supply and Water Quality – through grants, low-interest loans and technical Assistance. An estimated 48.71 Billion is needed over the next 30 years to meet the needs for drinking water, wastewater, flood control, nutrient pollution, Everglades Restoration and beach/inlet erosion. I don’t have to tell you how proactive Sanibel is in this priority. Mayor Kevin Ruane, Director James Evans, and I return to DC on Sunday to directly advocate for our Cities priorities.

“Other priorities included transportation infrastructure, broadband infrastructure funding opportunities, federal preemption of small wireless infrastructure deployment (meaning providers can now put up a structure in local rights of way without much, if any restrictions- so not right), advance refunding on municipal bonds, and Risk Rating 2.0 (urging FEMA to provide more details to better comprehend the impacts to Floridians).

“We also can claim victory as President Trump just approved one of our priorities: To approve a Category B reimbursement to offset the costs to local Governments incurred for emergency protective measures!

“Very grateful to all of our Federal Partners and Federal Elected Officials who were generous with their time and look forward to their efforts in helping us move these priorities forward. STAY TUNED!”

This representation is based in part on data supplied by the Sanibel & Captiva Islands Association of Realtors® Multiple Listing Service. Neither the association nor its MLS guarantees or is in any way responsible for its accuracy. Data maintained by the association or its MLS may not reflect all real estate activity in the market. The information provided represents the general real estate activity in the community and does not imply that SanibelSusan Realty Associates is participating or participated in these transactions.

Happy Halloween next week! SanibelSusan still is trying to come up with an outfit for the Realtors® Thursday Morning Caravan Meeting (& costume contest). Wish me luck!

As I was composing this today and had written “it’s another beautiful Friday on sunny Sanibel”, my teammate son reminded me that this afternoon is forecast to be the worst weather of the week. He’s funny. We really don’t have much bad weather. Sure, clouds are expected to roll in and breezes to pick up, with possibly a few showers expected by sunset, but isn’t that what keeps Southwest Florida tropical and green? It looks to be just another mini-cool front with temperatures not expected to get out of the 70’s here tomorrow. That’s not going to be hard to take and it sure beats the freezing temperatures expected in the mid-west and northeast. Here’s hoping you have good weather too!

Below are some photos taken yesterday at Sanibel Arms West by Jim Anderson with JMA Photography. Our new listing, gulfside #E2, has the lanai view shown bottom right.

DCIM101MEDIADJI_0397.JPG

On Halloween, I had a surprise office visit from a client’s twins who also stopped in five years ago – in costumes then too. How much they have changed! Time flies as they are grown-up young ladies now – and beautiful in their costumes. A good reminder to always enjoy smelling the roses along life’s journey.

Speaking of that, I had a quick working lunch today at Normandie Seaside Café at West Wind Inn. Still a favorite spot discovered during my first visit to the island 30-some years ago. The beach there was beautiful with waves rolling in and plenty of shellers searching for treasurers. The gals working the café and the nearby Upper Deck pool bar are a hardworking bunch and the food and service terrific. If you are ever looking for an out-of-the-way spot favored by locals, try them out. You’ll see plenty of islanders there for not just breakfast and lunch, but dinner too. I have seen Willard Scott there more than once. Normandie has an outstanding $22 Sunset Menu from 5-6 p.m. (Be sure to save room for the crème brulee or key lime pie. It’s included.)

SanibelSusan Realty Associates

Though business has improved a little, the real estate world here still hasn’t rebounded from the summer water woes. Snowbirds continue to arrive, but phones aren’t ringing much. I was out showing a couple of times and again met with owners thinking of selling. Teammate Dave has been out showing too and three of us will be out showing this weekend. Sure hope some of these lookers are real buyers.

The action posted since last Friday in the Sanibel & Captiva Islands Association of Realtors® Multiple Listing Service follows a couple of news items below.

Sanibel & Captiva Islands Association of Realtors®

Representing the islands’ Association of Realtors®, I was honored to speak at Wednesday’s Farewell Luncheon at the Sanibel-Captiva Conservation Foundation for their retiring Education Director, Kristie Anders. When she saw it was me, Kristie jumped right in and mentioned that I donated the money for her to buy her first SCCF laptop for education. That was a very long time ago. Today with technology changes, she carries more than 40 huge presentations on a tiny flash drive that fits in her pocket.

If you have ever listened to Kristie, I am sure you also know what an amazing gal and teacher she is. If you are wondering how she has helped island Realtors®, below is what I said.

I am here to give a big thank you to Kristie for all she has done for the Sanibel & Captiva Islands Association of Realtors. We all know that Kristie is a terrific island steward & wonderful educator. What you may not know are the many times she has cooperated with our local Realtor organization, spreading her knowledge, & making us better stewards too.

For years, Kristie has taught a segment about SCCF at Sanibel & Captiva’s quarterly Orientation training for new Realtors.

Like most licensed professions, Continuing Education Classes are required of Realtors to keep their real estate licenses current. That curriculum & those approved to teach these classes must be approved by our state Realtor organization, Florida Realtors.

Back in the 90’s, Kristie worked with our Association in developing a 7-hour continuing class called Environmental Considerations of Coastal Living. The class was state-approved, as was Kristie, as a Florida Realtors instructor. Every summer since then, for 20-some years, she has updated the class & taught it. Her up-to-date info & passionate delivery so fire up attendees that many take her class every year, even if they don’t need educational credits.

With her help, the year after the class was developed, the Sanibel & Captiva Islands Association of Realtors won an annual state Education Award.

In 2006, our Association developed another educational program for Realtors wanting to specialize in Sanibel & Captiva real estate. Today, it’s a 12-part series that is offered every summer & takes several days to complete with those completing the program earning an island specialist designation. Kristie has been an integral part of that program too – again, each year updating & teaching a multi-hour module on conservation.

She also often has been a speaker at our Monthly Membership Meetings, offering introductory memberships to new island owners. She authored & currently is rewriting the “Story of the Islands” booklets that Realtors provide to prospective new islanders.

To say that Kristie has made us all smarter is an understatement. The Sanibel & Captiva Islands Association of Realtors will miss her but want to relay their heartfelt thanks & appreciation for all she has done & continues to do for us.

We have a little thank you for her including an association shirt. We hope with that she’ll agree to be an honorary member of our association & come back whenever she likes! Best wishes, Kristie!”

Florida Realtors® Signs Agreement with Panama RE Association

Today in Boston at the National Association of Realtors® 2018 Conference and Trade Expo, “Florida Realtors® and the Panamanian Association of Real Estate Brokers and Promoters (ACOBIR) signed a Memorandum of Understanding establishing the cooperation of the two Realtor organizations in developing a mutually beneficial relationship for their respective association members. As posted on-line at FloridaRealtors®:

“”As professionals in the real estate industry, we take pride in providing our knowledge and expertise to clients in Florida, Panama and throughout the world,” says 2018 Florida Realtors® President Christine Hansen. “Florida Realtors and the Panamanian Association of Real Estate Brokers and Promoters share common goals. We look forward to continuing our partnership and building more connections that increase trans-national business opportunities for all of our members.”

Water Resources Development Act of 2018

From the Sanibel-Captiva Conservation Foundation’s (SCCF’s) email blast this week:

“With the President’s signature on the federal water bill – The Water Resources Development Act (WRDA) – the EAA reservoir is one step closer to providing relief to the Caloosahatchee and St Lucie estuaries and supplying needed water to Everglades National Park.

The bill authorizes the U.S. Army Corps of Engineers to begin work on the critical water infrastructure project south of Lake Okeechobee referred to as the EAA reservoir. The project will create a new outlet from Lake Okeechobee that will direct a significant amount of water south reducing the harmful, excess discharges to the Caloosahatchee and St. Lucie estuaries.

In the days ahead we will begin our work to press for project funding in the federal budget to keep the project moving forward.

Congratulations to everyone who stood up and spoke out in support of this critical step forward. Stay tuned!

The 324 page bill for water projects all across the nation is available online here.”

New Beach Cam at Casa Ybel Resort

Thanks to Froilan Ramirez (aka JR), the General Manager of Casa Ybel Resort for posting the link to their new beach cam. Check out how great the water looks. www.casaybelresort.com/web-cam

This representation is based in part on data supplied by the Sanibel & Captiva Islands Association of Realtors® Multiple Listing Service. Neither the association nor its MLS guarantees or is in any way responsible for its accuracy. Data maintained by the association or its MLS may not reflect all real estate activity in the market. The information provided represents the general real estate activity in the community and does not imply that SanibelSusan Realty Associates is participating or participated in these transactions.

It’s another happy Sanibel Friday with islanders looking forward to a cool front arriving tonight, with morning temperatures expected to dip into the high 60’s. That should make it more comfortable for runners in tomorrow’s FISH 10K Race and the Halloween festivities beginning this weekend.

Sanibel & Captiva Islands Association of Realtors®

The islands’ Association of Realtors® annual meeting last night included a report by President Dustyn Corace summarizing another good year for our healthy organization. Progress in the continued fight for better water quality and several fund-raising events for community charities were recognized, with contributors thanked for their help and participation. Congratulations to Realtors® George Kohlbrenner and Connie Walters, both elected to the incoming Board of Directors.

Our last benefit of the year called “Fall Into Christmas” for “Friends Who Care” followed the meeting with many unwrapped toys, gift cards, and cash donations collected for this wonderful organization. It’s founder, islander Tom Louwers provided a brief history. Beginning in the early 80’s when Sanibel law enforcement knew of a family in need of a hand-up, today, this charitable non-profit quietly helps island residents and employees cope with a range of small emergency needs. Through the year, it assists anonymously with such items as school supplies and gas cards, while over the holidays, particularly at Christmas it provides with holiday meals and presents from Santa delivering them directly to those in need. Funded by the generosity of islanders and organizations like the Association of Realtors®, every dollar collected goes directly to the people it serves.

Some of the “Fall Into Christmas” elves and guests are shown above with Leslie Adams (center) who catered the yummy appetizers, while desserts shown were from Totally Baked on Sanibel). Service, libations, & decor were by the elves (chaired by Realtor Kelly Huguenin & Amanda Curran Corace) & Association staff. Tom Louwers with “Friends Who Care” is on the far right next to Association CEO, Bill Robinson.

SanibelSusan Realty Associates

It was quiet at our office this week and our open houses didn’t yield many lookers. Like our colleagues, we look forward to reverting to the weekly Thursday morning caravan schedule next week.

These Open Houses of new listings (Thursday mornings from 9 a.m. until noon) will continue through “season” and are an island tradition.

The action posted in the Sanibel and Captiva Islands Multiple Listing Service since last Friday follows a couple of news items below.

“Ding” Darling Wins America’s Best Restroom

This week, the refuge’s “Learning Lavatories” were voted American’s Best Restroom in Cintas Corporation’s nationwide contest. With nine other finalists, online votes were counted to select the country’s top-rated restroom. This contest is in its 17th year and certainly is a unique way to feature a facility. To become a finalist, judging criteria includes cleanliness, visual appeal, innovation, functionality, and unique design elements. The refuge restrooms certainly led in several of those categories.

The Refuge restroom project was completed about a year ago and outside includes a mother and baby manatee sculpture (made of recycled bike tires) and floor-to-ceiling paintings depicting images of refuge wildlife. Inside, built to green standards, they feature an underwater motif with mangrove photo-tile murals and wildlife sculptures. Stall doors are wrapped in close-up professional photos of refuge birds, while educational teaser messages encourage visitors to learn more.

Positive Sea Turtle News

Though Southwest Florida water conditions late this summer generated plenty of negative news, it was a good season for sea turtles nesting on Sanibel/Captiva and their hatchlings. According to SCCF’s (Sanibel-Captiva Conservation Foundation) Sea Turtle Program Coordinator and as reported today in the “Island Sun”: “This year’s nesting season was actually pretty good. We’ve had four record-breaking seasons in a row, and while we didn’t set any records this year, it was an above average season.”

Nesting season runs from mid-April until the end of October. According to 2018 statistics compiled by SCCF, a total of 721 sea turtle nests were laid in 2018, compared to a total of 871 laid during 2017. An estimated 38,579 hatchlings emerged from the nests and entered waters surrounding Sanibel and Captiva. “…hatchlings swim like crazy the first seven to 10 days of their lives before they start eating; they feed from the yolk sac, which gives them the energy to get far out into the gulf. In fact, FWC (Florida Fish & Wildlife Conservation Commission) says that hatchlings may be the lone glimmer of hope in an otherwise horrible red tide season.” The agency requests that if the public witnesses sick, distressed or dead wildlife, they should call FWC’s Wildlife Alert Hotline at 888-404-3922 (press 7 for the operator).

Thanks to the many island sea turtle program volunteers and SCCF staff members who in addition to their daily beach patrols, which begin at dawn, collect trash and debris left on island beaches. For more information or to adopt a sea turtle next to to www.sccf.org/our-work/sea-turtles.

“Home borrowing rates remain at their highest levels in more than seven years, with the key 30-year rate approaching 5%. Mortgage buyer Freddie Mac said Thursday the rate on 30-year, fixed-rate mortgages ticked up to an average 4.86% this week from 4.85% last week. A year ago, it stood at 3.94%.

“The average rate on 15-year, fixed-rate loans rose to 4.29% this week from 4.26% last week.

“Anxiety over rising interest rates, which stem from strength in the economy, has buffeted financial markets in recent weeks and spilled over into the housing market.

“Stocks have swooned over the last three weeks as investors worried about interest rates, as well as trade tensions between the U.S. and China, and slowing economies outside the U.S. As of Wednesday, the S&P 500 index had plunged 9.4% in just three weeks, with two separate six-day losing streaks. It hasn’t had a streak of losses that long since November 2016.

“The combination of higher borrowing costs and increasing home prices has made homeownership less affordable.

“Sales of new U.S. homes plunged 5.5% in September, the fourth straight monthly drop as the housing market cools, the government reported Wednesday. The annual rate of home sales has dropped 15.3% since May, eliminating much of the strength in sales from the first five months of 2018.

“Builders had assumed that a stronger economy would boost sales, yet a greater share of new construction is going un-purchased.

“Interest rates on Treasury bonds, which have climbed to seven-year highs in recent weeks, were steady this week. The yield on the key 10-year Treasury note, which can influence mortgage rates, was at 3.14% Wednesday, down from 3.15% last week.

To calculate average mortgage rates, Freddie Mac surveys lenders across the country between Monday and Wednesday each week.

“The average doesn’t include extra fees, known as points, which most borrowers must pay to get the lowest rates. The average fee on 30-year fixed-rate mortgages was unchanged from last week at 0.5 point. The fee on 15-year mortgages also held steady, at 0.4 point.

“The average rate for five-year adjustable-rate mortgages rose to 4.14% from 4.10% last week. The fee remained at 0.3 point.”

This representation is based in part on data supplied by the Sanibel & Captiva Islands Association of Realtors® Multiple Listing Service. Neither the association nor its MLS guarantees or is in any way responsible for its accuracy. Data maintained by the association or its MLS may not reflect all real estate activity in the market. The information provided represents the general real estate activity in the community and does not imply that SanibelSusan Realty Associates is participating or participated in these transactions.

Until next Friday, remember at SanibelSusan Realty, it’s all about treats – no tricks here! Happy Halloween!

Today is another sunny day on the islands where we are excited to report cooler temperatures and low humidity. It’s always a nice change to have windows open and to wear long-sleeves again. Those local changes also indicate changes up north too, with cooler norther temps resulting in more inquiries and a boost in business here. Temperatures today were expected to reach the low 80’s before another cool front arrives tomorrow after a few showers. Then, temperatures are expected to go into the 50’s at night, with days in the 70’s.

Sanibel & Captiva Islands Association of Realtors®

Following the Association’s annual meeting yesterday, several new sales were announced during Realtor® Caravan. More new listings also are on the market.

The action posted in the Sanibel & Captiva Islands Multiple Listing Service follows a couple of news items below.

Trunk or Treat – Tuesday Oct 31 from 4 to 6 p.m. at Sanibel Community Church.

Fall Family Festival – Tuesday Oct 31 from 5 to 7 p.m. at The Community House. A bag of candy gains admission where costumed families will win prizes, enjoy carnival games, a hay ride, and get hot dog and burger dinners.

Sanibel Update on Hurricane Irma Vegetative Debris Collection

As of Wed, mySanibel.com reports that the “first sweep” of the island is 93.35% complete with 78.08 miles out of the 83.64 miles of roads completed. 28 streets (or a portion) out of 256 public and private roads remained to be done with two streets remaining due to sagging Comcast lines. City crews are using small vehicles to collect the debris on the roads blocked by Comcast lines.

Stump removal and a final “mop-up” collection of hurricane-generated debris will be next with hours of operation changing on Monday Nov 6.

Property owners are reminded that vegetative debris generated as part of routine maintenance is to be disposed consistent with pre-hurricane collection methods. Bagged or containerized residual debris will be collected by the regular hauler on regularly scheduled horticulture collection days.

Vegetation Trimming on Periwinkle Way

Notice from City of Sanibel – “From Monday Oct 30 through Friday Nov 10 from 7 a.m. to 5 p.m., the vegetation along Periwinkle Way will be trimmed from Lighthouse Beach Park to Tarpon Bay Rd. Intermittent lane closes are expected. Drivers and pedestrians, please proceed slowly and cautiously through areas when workers are present.”

Are Your Neighbors Trees Growing On Your Property?

Anyone who knows where I live, recognizes that I like my yard neat and trimmed. Thankfully, my landscaper does a good job of keeping it that way. One of my neighbors, on-the-other-hand, prefers the jungle look. Sometimes a few of their trees, a big one in particular, grow out over my property.

Some years, during my annual fall “big trim”, I have paid dearly to have some of “their” branches cut back. This year, however, Hurricane Irma did a nice job of taking care of that task for me. Even so, the below article by Donald Thompson, posted on-line Oct 18, 2017 on the Legal Scoop Blog of Henderson Law was of interest. Maybe it applies to your situation too.

“Your neighbors are proud of their beautiful, large fruit trees, which are now growing substantially over your property. The trees have grown so large that a number of branches extend over your house, tool shed, and other improvements, which you believe results in a dangerous condition, not to mention rotten fruit dropping on your patio. What are your options: force the neighbor to remove the tree extending over your land, sue for damages, or something else? You may be surprised.

“In Florida, a possessor of land is not liable to others outside his land for nuisance caused by vegetation growing from his land over adjoining properties. Scott v McCarty, 41 So. 3d 989 (Fla.4th DCA 2010). Therefore, your neighbor has no duty to remove or even trim the tree branches that encroach onto your property.

“However, as the adjoining property owner, you have the privilege to trim back, at your expense, the offending (encroaching) tree, roots, branches, and other vegetation. Gallo v Heller, 512, So. 2d 215 (Fla.3d DCA 1987). Maybe this does not seem fair. You may wonder why you must pay to cut your neighbor’s trees that she allowed to grow over your property. The rationale appears to be grounded in common sense and public policy. Courts recognize that allowing such a claim would likely result in innumerable, and in many instances, vexatious lawsuits. In fact, one case reasoned that departing from the precedent would invite further litigation between neighbors, which as a matter of public policy should be avoided. Scott v McCarty, 41 So. 3d 989 (2010)

“Options – If your neighbor’s tree is growing onto your property, as a general rule you may trim the vegetation that extends onto your property. However, you should not cut any portion of the tree on your neighbor’s property and should not enter onto your neighbor’s property without consent. In fact, you should chat with your neighbor first and discuss what you intend to do. Even if your neighbor disagrees, and the matter ends up in a courtroom, a judge is likely to look favorably on your attempt to amicably resolve your disagreement.

“Exceptions – Of course, there are exceptions to most general rules. In Sullivan v Silver Palm Properties, Inc., 558 So. 2d 409 (Fla. 1990), the Florida Supreme Court cites at least two cases which held a landowner responsible for maintenance of trees and vegetation obstructing motorists’ view of a stop sign. The Courts reasoned that overhanging vegetation which blocks traffic control devices presents an imminent danger, and that a duty to remove vegetation obstructing critical traffic control signage is common sense. Also, the general rule in Florida of no duty or liability of a neighbor for overgrown trees is not the rule followed in all states.

“Other matters to consider before taking action may include:

review municipal or county ordinances, if applicable;

investigate and consider the possibility of removal of vegetation on your property causing damage to your neighbor’s property; and

use common sense.

“These types of claims can be fact driven and varying facts may affect an outcome in court. If in doubt, be sure to seek a competent attorney to assist you. If you have any questions or concerns regarding this issue, please feel free to reach me at donald.thomson@henlaw.com or by phone at 239-344-1369.”

Good Info From The Shell Museum

Last week, Bailey-Matthews National Shell Museum held another educational event for those wanting to become Shell Ambassadors. You may have seen those folks on the beach, wearing blue tee-shirts and helping those shelling. One of these days, I hope to become a Shell Ambassador too, but in the meantime, I thought one of their handouts had some good info. Aka Important Contact Information, it includes some number that might come in handy if you see injured wildlife or perhaps a tourist violating a local rule. I’ve added the info to my website “Useful Phone #s & Links” tab. FYI, here it is:

Live shelling on Captiva & causeway beaches – FWC Wildlife Alert 888-404-FWCC (3922) or *FWC or #FWC on mobile phone or Lee County Sherriff non-emergency 239-477-1000 • Full Outside bar opens at 10pm (cash only) Wristbands: $10 at entrance cash only (must be 21 years of age or older with wrist band only for admission). Costume Contest winners announced at midnight! Cash prizes awarded to 1st ($1,000), 2nd ($500), and 3rd ($250) of best overall costume. Other prizes to include free night stays, dining credits, Cabana rentals, Jet Ski and parasailing vouchers and more! Dinner before party? Why yes, with both Crow’s Nest and Captiva House accepting reservations now at 472.5161!

This representation is based in part on data supplied by the Sanibel & Captiva Islands Association of Realtors® Multiple Listing Service. Neither the association nor its MLS guarantees or is in any way responsible for its accuracy. Data maintained by the association or its MLS may not reflect all real estate activity in the market. The information provided represents the general real estate activity in the community and does not imply that SanibelSusan Realty Associates is participating or participated in these transactions.